Prior to his appointment to the Court of Appeals in May of 2006, Judge Brett Kavanaugh served as an associate counsel to President Bush for three years, and then, from 2003 to 2006, as an assistant to the President and staff secretary. The instant decision is his first published opinion ...
In a rare ruling, Judge Block ordered the BOP to remove a pre-trial detainee from administrative segragation, concluding its actions in placing him here were not rationally related to a claimed investigation and excessive in relation to that purpose.
This is an interesting (and rare) ruling in which Judge Block ...
Under the Fourth Amendment, officers typically need a warrant in order to arrest a suspect inside his home. The question that divided this Eleventh Circuit panel was whether the police can grab a suspect who has opened his door and pull him outside to arrest him without a warrant . ...
In this ruling, Judge Marcia Cooke refused to dismiss the Government’s latest terrorism charges against the embattled Jose Padilla on the grounds that he was tortured during the three and a half years he was held in custody by the U.S. Military. In her 12-page ruling, Judge Cooke stressed that ...
The United States District Court for the District of Nevada denied defendant's motion to suppress evidence of a gun and defendant was convicted of being a felon in possession. Defendant was sentenced to 110 months in prison. Defendant appealed the denial of his motion to suppress and his conviction and ...
The principal question in this appeal was whether a prosecutor's peremptory challenge of two visually impaired jurors was lawful under the rule of Batson v. Kentucky, 476 U.S. 79 (1986). Under the procedures established in Batson, once a defendant raises a legitimate Batson challenge, the prosecutor must offer a race-neutral ...
In U.S. v. Powell, 451 F.3d 682 (D.C. Cir. June 23, 2006) (“Powell I”), a divided panel held that a warrantless “search incident to arrest” can only take place after an arrest. After the Government asked for a rehearing en banc, the full Court held, by a vote of 9 ...
Judge Bianco was appointed to the bench in January of 2006; and, by virtue of his long service in the Department of Justice, he too could be considered a Bush loyalist. He served as an AUSA from 1994 to 2003; and then he served as a Deputy Assistant Attorney General ...
